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Section 19 — Appeals

Section 19 of the RTI Act — Appeals

Notice on DPDP Rules, 2025. The Digital Personal Data Protection Rules, 2025 were notified on 14 November 2025. With this notification, Section 44(3) of the Digital Personal Data Protection Act, 2023 became operational and amended Section 8(1)(j) of the Right to Information Act, 2005. The earlier public interest override within clause (j) stands removed. Public interest reasoning now operates through Section 8(2) of the RTI Act, which has not been amended. This page has been reviewed in the light of this change. For the full practitioner note, see DPDP Rules, 2025: The amendment to Section 8(1)(j) of the RTI Act.

· 2026/04/19 05:02 · 0 Comments

In one line: Section 19 creates a two-tier appeal system. The first appeal under 19(1) is to an officer senior to the PIO within 30 days. The second appeal under 19(3) is to the Information Commission within 90 days. Section 19(5) places the burden of proving denial was justified on the PIO. Section 19(8) gives the Commission expansive remedial powers including compensation.

Section 19 — Three-Stage Appeal Ladder: PIO reply, First Appeal, Second Appeal

Key sub-sections

  • 19(1) — first appeal to the First Appellate Authority (FAA) within 30 days of the PIO's reply (or deemed refusal on day 31).
  • 19(2) — third party may appeal within 30 days of the PIO's Section 11 notice.
  • 19(3) — second appeal to Information Commission within 90 days of the FAA's order (or deemed refusal).
  • 19(4) — Commission gives notice to affected parties.
  • 19(5)burden of proving denial was justified is on the PIO, not the appellant.
  • 19(6) — Commission should dispose of the appeal in 30 days as far as possible; in practice, 400+ days average.
  • 19(7) — Commission's decision is binding.
  • 19(8) — Commission can (a) require compliance with the Act, (b) award compensation to appellant, © impose Section 20 penalty, (d) reject the appeal.

First appeal — 30-day window

The first appeal is intra-departmental — heard by an officer senior in rank to the PIO (usually a Deputy Secretary or Director). No fee for the first appeal on Central matters; some States charge a nominal fee. Grounds:

  • PIO failed to reply within 30 days (deemed refusal).
  • PIO's reply is non-speaking (no sub-clause, no reasons — see 7(8)).
  • PIO's reply is inaccurate, incomplete, or misleading.
  • PIO charged incorrect fee.

Use the First Appeal template.

Second appeal — 90-day window to Information Commission

If the FAA has rejected or not responded, second appeal lies to the Central or State Information Commission. Grounds are the same as the first appeal. The Commission conducts its own hearing, often virtual.

Typical timeline (2024-25):

  • CIC hearing roster: 12-18 months from filing.
  • Some SICs: 6-24 months depending on backlog.
  • See Tracking your appeal via AI for monitoring tools.

Landmark rulings

Supreme Court:

  • Anjali Bhardwaj v. Union of India, (2020) 11 SCC 345 — SC directions on timely appointment of Information Commissioners and their working conditions.
  • Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1 — Commission has supervisory duty to ensure reasoned orders at every tier.

High Courts:

  • Namit Sharma v. UoI, Delhi HC (2012) — interpreted scope of Commission's powers under 19(8).

CIC:

  • Mujibur Rahman v. CIC, Delhi HC — the Commission must afford reasonable opportunity of hearing before imposing Section 20 penalty.
  • CBEC v. Mange Ram, CIC — Section 19(8)(b) compensation should be specific to the harm.

Section 19(8) — the Commission's remedial toolkit

  • 19(8)(a)(i) — require disclosure of information.
  • 19(8)(a)(ii) — require the public authority to appoint a CPIO if none.
  • 19(8)(a)(iii) — publish certain information.
  • 19(8)(a)(iv) — make necessary changes to practice relating to record management.
  • 19(8)(a)(v) — enhance training for officials on the Act.
  • 19(8)(a)(vi) — provide annual report under Section 4(1)(b).
  • 19(8)(b) — award compensation for any loss or detriment.
  • 19(8)© — impose penalties under Section 20.

Drafting strategy

First appeal — paragraph template

To the First Appellate Authority under Section 19(1) of the
Right to Information Act, 2005.

1. The PIO's reply dated [X] is non-speaking in that it does
   not cite any sub-clause of Section 8 or Section 9, does not
   apply the exemption to the facts, and does not consider
   severance under Section 10 or the Section 8(2) public
   interest override.

2. Per Section 19(5), the onus of proving denial was justified
   lies on the PIO. The PIO has not discharged that burden.

3. The appellant prays that the FAA set aside the reply and
   direct full disclosure within seven days. In the alternative,
   direct the PIO to show cause why Section 20 penalty should
   not be imposed.

Second appeal template

See our Second Appeal template — pre-structured for Section 19(3) with evidence annexure list.

Tracking your CIC appeal

Once the second appeal is filed, track via:

  • cic.gov.in/case-status — enter registration number.
  • Email alerts — register a verified email.
  • AI summarisation of each order — see full guide.

Call to action

If your RTI has been refused or delayed, follow the 30 → 90 → hearing path:

  1. Day 31: file first appeal using our template.
  2. Day 30 after FAA order (or day 75 if no FAA order): file second appeal using our template.
  3. Track proceedings via AI-assisted monitoring.

Sources

  1. RTI Act, 2005, Section 19.
  2. Anjali Bhardwaj v. Union of India, (2020) 11 SCC 345.
  3. CIC v. State of Manipur, (2011) 15 SCC 1.
  4. Mujibur Rahman v. CIC, Delhi HC.
  5. CIC Annual Report 2023-24 (timelines).

Last reviewed on: 21 April 2026

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